BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      AB 65


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          Date of Hearing:  March 24, 2015
          Counsel:               Stella Choe



                         ASSEMBLY COMMITTEE ON PUBLIC SAFETY


                                  Bill Quirk, Chair





          AB  
                        65 (Alejo) - As Amended  March 19, 2015




          SUMMARY:  Redirects funds from the Driver Training Penalty  
          Assessment Fund and allocates that money to the Board of State  
          and Community Corrections (BSCC) to be used to fund local law  
          enforcement agencies to operate a body worn camera program, as  
          specified. Specifically, this bill:  

          1)Establishes the Body-worn Camera Fund for the purpose of  
            making funds available to local law enforcement entities to  
            purchase body-worn cameras and related data storage and  
            equipment, and to hire personnel necessary to operate a local  
            body-worn camera program. 


          2)Provides if federal funds become available, the BSCC shall  
            adjust the grant program to maximize state and local federal  
            funds, and BSCC shall either apply for federal funds on behalf  
            of a local law enforcement agency, or reimburse a local law  
            enforcement agency that has expended funds for federal funds  
            purposes.
          EXISTING LAW:  

          1)Provides that there shall be levied a state penalty, in an  








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            amount equal to $10 for every ten $10 or fraction thereof,  
            upon every fine, penalty, or forfeiture imposed and collected  
            by the courts for criminal offenses, including all offenses,  
            except parking offenses as defined in the Vehicle Code.  Any  
            bail schedule adopted pursuant to Penal Code Section 1269b may  
            include the necessary amount to pay the state penalties  
            established by existing law for all matters where a personal  
            appearance is not mandatory and the bail is posted primarily  
            to guarantee payment of the fine.  (Pen. Code, § 1464, subd.  
            (a).)

          2)States the moneys so deposited in the State Penalty Fund shall  
            be distributed as follows:

             a)   Once a month there shall be transferred into the Fish  
               and Game Preservation Fund an amount equal to 0.33 percent  
               of the state penalty funds deposited in the State Penalty  
               Fund during the preceding month, except that the total  
               amount shall not be less than the state penalty levied on  
               fines or forfeitures for violation of state laws relating  
               to the protection or propagation of fish and game. These  
               moneys shall be used for the education or training of  
               department employees which fulfills a need consistent with  
               the objectives of the Department of Fish and Game.

             b)   Once a month there shall be transferred into the  
               Restitution Fund an amount equal to 32.02 percent of the  
               state penalty funds deposited in the State Penalty Fund  
               during the preceding month. Those funds shall be made  
               available in accordance with provisions of the Government  
               Code.

             c)   Once a month there shall be transferred into the Peace  
               Officers' Training Fund an amount equal to 23.99 percent of  
               the state penalty funds deposited in the State Penalty Fund  
               during the preceding month.

             d)   Once a month there shall be transferred into the Driver  
               Training Penalty Assessment Fund an amount equal to 25.70  
               percent of the state penalty funds deposited in the State  
               Penalty Fund during the preceding month.









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             e)   Once a month there shall be transferred into the  
               Corrections Training Fund an amount equal to 7.88 percent  
               of the state penalty funds deposited in the State Penalty  
               Fund during the preceding month. Money in the Corrections  
               Training Fund is not continuously appropriated and shall be  
               appropriated in the Budget Act.

             f)   Once a month there shall be transferred into the Local  
               Public Prosecutors and Public Defenders Training Fund an  
               amount equal to 0.78 percent of the state penalty funds  
               deposited in the State Penalty Fund during the preceding  
               month. The amount so transferred shall not exceed the sum  
               of 850,000 in any fiscal year.  The remainder in excess of  
               $850,000 shall be transferred to the Restitution Fund.

             g)   Once a month there shall be transferred into the  
               Victim-Witness Assistance Fund an amount equal to 8.64  
               percent of the state penalty funds deposited in the State  
               Penalty Fund during the preceding month.

             h)   Once a month there shall be transferred into the  
               Traumatic Brain Injury Fund an amount equal to 0.66 percent  
               of the state penalty funds deposited into the State Penalty  
               Fund during the preceding month, as specified.  (Pen. Code,  
               § 1464, subd. (f)(1) to (8).)

          FISCAL EFFECT:  Unknown

          COMMENTS:  

          1)Author's Statement:  According to the author, "AB 65 will help  
            local law enforcement agencies establish and maintain a body  
            worn camera program to better serve our constituents. These  
            devices will bring transparency and accountability to law  
            enforcement agencies across the state, while at the same time  
            protecting officers from false accusations. Body cameras will  
            help us begin to address problems of misconduct and help the  
            public understand things from a public safety perspective."

          2)Background:  A recent report released by U.S. Department of  
            Justice's Office of Community Oriented Policing Services and  
            the Police Executive Research Forum studied the use of  








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            body-worn cameras by police agencies.  This research included  
            a survey of 250 police agencies, interviews with more than 40  
            police executives, a review of 20 existing body-camera  
            policies, and a national conference at which more than 200  
            police chiefs, sheriffs, federal justice representatives, and  
            other experts shared their knowledge of and experiences with  
            body-worn cameras.  The report shows that body-worn cameras  
            can help agencies demonstrate transparency and address the  
            community's questions about controversial events. Among other  
            reported benefits are that the presence of a body-worn camera  
            have helped strengthen officer professionalism and helped to  
            de-escalate contentious situations, and when questions do  
            arise following an event or encounter, police having a video  
            record helps lead to a quicker resolution. (Miller and  
            Toliver, Implementing a Body-Worn Camera Program:  
            Recommendations and Lessons Learned, Police Executive Research  
            Forum (Nov. 2014).)

          In December 2014, President Obama proposed a new Body Worn  
            Camera Partnership Program, which will provide a 50 percent  
            match to states and local jurisdictions that purchase body  
            worn cameras and requisite storage.  (See  
            <  https://www.whitehouse.gov/the-press-office/2014/12/01/fact-sh 
            eet-strengthening-community-policing  > [as of Mar. 19, 2015].)  
            Because federal funds are not yet available, this bill  
            provides that should federal funds become available, BSCC  
            shall adjust the grant program to maximize state and local  
            federal funds.

          3)Argument in Support:  According to the California College and  
            University Police Chiefs Association, "This bill will have  
            important implications with respect to the ability of local  
            agencies to acquire body worn cameras, a strategy that the  
            California College and University Police Chiefs embrace."

          4)Argument in Opposition:  None submitted.

          5)Related Legislation: 

             a)   AB 66 (Weber), would state the intent of the Legislature  
               to enact legislation to require local police departments  
               that utilize police body-worn cameras to follow policies  








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               and procedures that will streamline best practices to  
               better enhance the quality of the services that those  
               departments provide to Californians.  AB 66 is pending  
               referral by the Rules Committee.

             b)   AB 69 (Rodriguez), would require law enforcement  
               agencies to follow specified best practices when  
               establishing policies and procedures for downloading and  
               storing data from body-worn cameras.  AB 69 is pending  
               hearing by this Committee.

             c)   SB 175 (Huff), would require each department or agency  
               that employs peace officers and that elects to require  
               those peace officers to wear body-worn cameras to develop a  
               policy relating to the use of body-worn cameras. The bill  
               would require the policy to be developed in collaboration  
               with nonsupervisory officers and to include certain  
               provisions, including, among others, the duration, time,  
               and place when body-worn cameras shall be worn and  
               operational. SB 175 is pending hearing by the Senate  
               Committee on Public Safety.

             d)   SB 195 (Anderson), would state the intent of the  
               Legislature to enact legislation that protects the privacy  
               of individuals recorded by body-worn cameras utilized by  
               law enforcement officers and the privacy of law enforcement  
               officers wearing body-worn cameras. SB 195 is pending  
               referral by the Rules Committee.

          6)Prior Legislation:  

             a)   AB 790 (Karnette), of the 2007-2008, would have  
               redirected 4% of funds from the Driver Training Penalty  
               Assessment Fund and allocated that money to the Department  
               of Justice to be used to support the California Witness  
               Protection Program.  AB 790 was held on the Committee on  
               Appropriations' Suspense File.

             b)   SB 1761 (Poochigian), of the 2005-2006 Legislative  
               Session, would have changed the percentage of money that is  
               deposited into each of the funds in the State Penalty Fund,  
               and would have created the Child Advocacy Center Fund, into  








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               which 4.97% of state penalty funds in the State Penalty  
               Fund would be deposited monthly.  SB 1761 was held on the  
               Senate Committee on Appropriations' Suspense File.

             c)   AB 204 (Lowenthal), of the 2001-2002 Legislative  
               Session, would have required all funds transferred to the  
               Driver Penalty Assessment Fund, which would otherwise be  
               transferred to the General Fund, be appropriated on an  
               annual basis to the State Department of Education for the  
               purposes of providing driver training instruction in the  
               public schools.  AB 204 was held on the Committee on  
               Appropriations' Suspense File.

          REGISTERED SUPPORT / OPPOSITION:

          Support


          American Federation of State, County and Municipal Employees 
          California College and University Police Chiefs Association
          California Communities United Institute 
          California District Attorneys Association
          California Police Chiefs Association

          Two private individuals


          Opposition

          None


          Analysis Prepared  
          by:              Stella Choe / PUB. S. / (916) 319-3744
















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